Irvine Truck Accident Lawyer
Filing a truck accident lawsuit can be intimidating. Bringing a case against a big trucking company or a powerful insurance company is hard without help from a lawyer, and these companies are prone to try to take advantage of you.
Our lawyers work to see that our clients get the compensation they deserve. We can stand up to these companies for you, demand damages, negotiate insurance claims, and even take claims to trial when necessary.
Call the Law Office of John J. Perlstein at (213) 252-1070 for a free case evaluation with our truck accident lawyers today.
Damages Available in a Truck Accident Case
Truck accident cases often lead to high-dollar damages in these areas. These costs are often high because trucks are just so massive – often 20 times the weight of small sedans – and cause such serious damage in a high-speed crash.
Medical Bills
The cost of treating serious injuries is quite expensive, and you should not have to pay for it if you were the victim.
Lost Wages
If your injuries keep you from working, then you are entitled to lost wages. Even if the accident had nothing to do with your job, the fact that you cannot work is a consequence the defendant must pay for.
Pain and Suffering
While there may be many expenses related to the case, there are also harms we cannot explain through receipts and bills:
- Pain
- Mental anguish
- Emotional distress
- Embarrassment
- Lost ability.
These “non-economic damages” can be claimed as money damages in your injury case.
Vehicle Damage
Lastly, the cost of repairing your vehicle is not part of your injury, per se, but it is an important area of damages to recover in your case.
How to Prove Fault in a Truck Accident Case
“Negligence” – the legal basis for most truck accident cases – requires proving that the defendant did something wrong to cause the crash. Depending on whether you are suing a driver, a trucking company, or both, the following are often helpful things to prove:
Traffic Violations
If the other driver broke a traffic law, and that caused the crash, that is usually enough to prove fault. Speeding, drunk driving, texting while driving, and other violations put them at fault.
Federal Trucking Regulation Violations
There are special rules that only apply to truck drivers and trucking companies, dealing with
- Equipment standards
- Loading standards
- Weight limits
- HAZMAT transportation
- Licensure
- Inspections
- Hours of service
- And more.
These violations can put them at fault if the violation actually caused the crash.
Otherwise Unsafe Driving
Sometimes unsafe driving does not violate a specific traffic law, but it is generally unreasonable. Drivers must drive as “a reasonable driver of ordinary prudence” would, or else they acted unreasonably, and that also qualifies for fault.
Negligent Hiring
If the trucking company hired a driver they knew or should have known was dangerous (e.g., through proper background checks), then they can be liable for the crash.
Negligent Retention
The same is true if they keep a driver on staff that they should have fired after serious mistakes, violations, DUIs, or vehicular assault.
Negligent Maintenance
There are regulatory standards for inspections, but maintenance must also be performed adequately. Repair shops are often in-house at trucking companies, making negligent repairs the trucking company’s fault.
Evidence Needed for a Truck Accident Case
Our truck accident lawyers often need the following pieces of evidence to build your case, though each of these is not available in every case.
Your Testimony
Your story about what happened will be vital to proving the events of your case. Your testimony is also vital in showing your pain and suffering and how the accident affected your daily life going forward.
Other Witness Testimony
Other witnesses can back up your story about what happened. If they were your passengers, friends, or relatives, they might be less believable, since one would expect them to back you up. However, unrelated strangers, other drivers, or even the trucker would be great witnesses to back up your story.
If you were knocked out, we may have to rely on testimony from other witnesses to know what happened.
Repair Records
Records of repairs and damage to your vehicle can help us show how severe the crash was and piece together what happened. This provides physical proof to back up your story.
Medical Records
Similarly, medical records show how bad your injuries were and what exactly happened. They also help us show your injuries, disabilities, and pain and suffering.
Financial Records
Financial records like medical bills, pay stubs, and more can be used to show what damages you faced. We must prove damages to win your case and prove the proper amounts.
Photos and Video
Photos of the crash scene can show the jury what it looked like. They can also be used to piece together the events, especially with help from accident reconstruction experts.
Video of the crash actually happening is even better evidence. Dashcam and security camera video is often helpful evidence, if there were any involved in your case.
Do You Sue the Trucking Company or Trucker?
You can sue a trucker if they were directly at fault for the crash. If they were self-employed, the case usually stops with them. However, if they were working for a trucking company within the scope of their employment when the crash occurred, you can typically sue the trucking company in their place.
You can also sue trucking companies for their share of direct fault. For example, trucking companies are often held liable for dangerous vehicles and drivers they put on the road.
How Long Do You Have to Sue?
California law gives you 2 years to file an injury lawsuit in most cases.
Do You File Through Insurance or File a Lawsuit?
Often, you do both. Most cases start with insurance claims because they are quicker and do not need to go to court.
However, this puts most of the power in the insurance company’s hands. If they refuse to pay up or will not negotiate for a fair value, then we can take the case to court, where the jury decides instead of the insurance adjusters.
Is the Trucker Always at Fault?
No, but it is common. Truckers may be victims just like you, and it could be a third driver who caused the crash. It is also possible both you and the trucker are victims of something the trucking company did, which is common with vehicle maintenance issues.
Call Our Irvine Truck Accident Lawyers for a Free Case Review
Call (213) 252-1070 to have our truck accident lawyers at the Law Office of John J. Perlstein look over your case today for free.